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Katz
v. United States:
United States Supreme
Court, 1967.
Statement of the Case:
The United States is prosecuting an
illegal gambler, Katz, for “transmitting wagering
information by telephone,” when the main evidence against
him was gathered by the FBI attaching a recording device to the
outside of a public telephone booth where he placed his calls.
Procedure:
Lower court convicted Katz of violating a
Federal statute. Appellate court affirmed the conviction
because there was “no physical entrance into the ?’s
area.”
Facts:
Same.
Issue:
Whether an illegal gambler can be
convicted of “transmitting wagering information by telephone”
when the evidence against him was gathered by the FBI attaching a
recording device to the outside of a public telephone booth where
he placed his calls.
Procedural Result:
Judgment reversed for Katz.
Holding:
The Government’s activities in
electronically listening to and recording the ? while he spoke on
a seemingly private phone constituted an illegal “search and
seizure” within the meaning of the 4th Amendment.
Reasoning:
- Whether there was
penetration or the booth was “constitutionally
protected” is not the issue.
- The 4th
Amendment protects people, not places.
- Katz expected
privacy of sound, not sight. This was violated
without penetration, so penetration is not necessary.
- Physical presence
or intrusion can not make a case turn one way or another.
Concurring:
- The person have
exhibited an actual subjective expectation of privacy,
and
- The expectation be
one that society deems to be “reasonable.”
- Ex. Public
conversations not protected, but actions in one’s
house are protected.
Dissent:
- The 4th
Amendment is being rewritten in order to “keep up
with the times.”
- The Amendment
speaks to tangible things, not sounds.
- Eavesdropping is
not tangible, and, thus does not apply.
Additional Points:
- With what criterion
did the Court replace the “intrusion”
requirement?
Violating the reasonable expectation of
privacy.
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